CHAPTER IV.

THE ARVEL, OR INHERITANCE FEAST.

The inheritance feast—Its duration—Customs of the feast—Right of sitting in the high seat—The feast after Heidrek’s death—Division of property—Settlement of debts—Support of paupers—The arvel in Christian times—Consent of heirs to the disposal of property—Rules regulating inheritance—Adoption—Ceremony of adoption—Public announcement of adoption—Female degrees of inheritance—Property of foreigners.

The _erfi-öl_ (ale or inheritance feast) was a very important ceremony at which the heir took formal possession of the property of his kinsman. The seventh day after death seems to have been the earliest on which the arvel, which usually lasted three nights, could legally be held. If the deceased was a prominent man, sometimes one or more years passed ere the arvel was held, and numerous guests were then invited from far and near.

“Thorolf was laid in a mound with some property suitable to his rank. Then Thorstein made a feast (arvel) and invited the jarl and many other high-born men. They sat at it for three nights as was customary. Thorstein sent them away with good gifts” (Svarfdæla Saga).

“If a full-grown man remains quiet for seven days, or till the morning of the thirtieth day, and does not call for the inheritance, then he never can get that inheritance. If he remains quiet and is not entitled to take it (i.e. is not of age) then he shall declare that he is inheritance-born. Another may declare it on his behalf. He shall claim this inheritance during the first five years after he is entitled to it. If he does not he can never claim it afterwards. This is if no necessity hinders. If he is not in the fylki and not in the land he must claim it in the first twelve months after he gets into the fylki where the inheritance is, if no necessity hinders. Necessities shall be taken into consideration” (Gulath., 122).

The high-seat of the deceased stood empty until the arvel. On the first evening the heir or heirs sat upon a lower seat, generally the steps of the high-seat, until the memorial toast of the deceased and of the mightiest of their departed kinsmen and the gods had been proposed. They then sat down on the high-seat, and by this act took possession of the inheritance.

It was the custom for the heir to empty a horn of mead or ale, and make a vow to perform some great and valorous deed. The feast continued for several days, with an abundance of drink and eatables as at other feasts, and presents were given to the guests at their departure, as was the custom at such entertainments.

“Shortly after the great news was heard from Denmark that Strútharald jarl, the father of Sigvaldi and Thorkel, was dead; the third brother Heming was young, and King Svein (Tjuguskegg) thought it was his duty to arrange the arvel of Strútharald jarl if the elder sons did not come, for Heming was regarded as too young to manage the feast. The king sent word to Sigvaldi and Thorkel in Jómsborg, that they should come to the arvel, and make the feast with him, and so arrange it that as much honour as possible might be done to such a chief as their father Strútharald. They sent word that they would come, and that he should prepare everything needed for the feast, and that they would defray the expenses, and he should take everything he needed from the property of Strútharald. Most of their men thought it unadvisable that they should go there, and suspected that the friendship of King Svein and Sigvaldi and the Jómsvikings was rather shallow, after what had happened between them before, though they had then behaved becomingly to each other. The brothers wanted by all means to go there, as they had promised. The Jómsvikings would not stay at home, but followed them to the feast.

“They left Jómsborg with a large host; they had a hundred and seventy ships. They went to Zeeland, where Harald jarl had ruled; Svein was there, and had prepared the arvel; it was about the time of the winter-nights. There was a great number of men, and a good feast; the Jómsvikings drank eagerly the first evening, and the drink intoxicated them much. After it had gone on for a while, Svein saw that they had become nearly all dead drunk, as they were very talkative and merry, and little afraid of saying many things which they else would not have said; seeing this the king said: ‘Here is great merriment, and many men, and I propose that you shall find some new and worthy enjoyment to entertain the people, which will long hereafter be remembered.’ Sigvaldi answered: ‘We think it most becoming, and best for the entertainment that you, lord (herra), should make the first proposal, for we all have to obey you, and we all will assent to the entertainment you desire.’ The king said: ‘I know it has always been customary at great feasts and meetings, and where select men have met, to make vows to entertain and make themselves renowned, and I am willing to try that now, for as you, Jómsvikings, are far more famous than all other men in all the northern half of the world, it is easy to know that the vows you will make here will be as much more renowned than others as you are greater than other men, and it is likely that people will long remember them, and I will begin. I vow that I will, before the third winter-nights hereafter have passed, have driven King Ethelred (of England) out of his realm, or else have slain him, and thus have got his realm. Now is thy turn, Sigvaldi, and make no less a vow than I” ... (Jomsvikinga Saga, c. 37).

“Ingjald had a great feast prepared at Upsala, and intended to give an arvel after his father Önund, in a hall no less large or stately than the hall at Upsala. This he called the hall of the seven kings, for seven high-seats were in it. He sent men throughout Sweden, and invited kings and jarls and other high-born men; to this arvel came six kings, who were seated in the new-made hall. One of the high-seats which Ingjald had had prepared was empty. All the guests were seated in the new hall, and Ingjald had placed his hird and all his men in Upsala-hall. It was customary at that time that, where an arvel was made after the death of kings or jarls, the one who gave it and was to be led to the inheritance should sit on the step in front of the high-seat until the horn, called Bragi’s horn, was brought in, then he had to rise, take the horn, make a vow, and drain it to the bottom. After this he was to be led to the high-seat of his father, and then he was the owner of all his inheritance. Thus was it done here; when the horn of Bragi came in Ingjald rose, and took the large deer’s horn; he vowed that he would increase his realm by half in every quarter, or else die; then he drank it off. In the evening when the men were drunk, Ingjald said to Folkvid and Hulvid, the sons of Svipdag, that they and their men should arm themselves as was agreed upon. They went out to the new hall and set it on fire; six kings with all their men were burnt there, and those who tried to escape were soon slain. Thereupon Ingjald took possession of all the realms owned by these kings, and took taxes from them” (Ynglinga Saga, c. 40).[74]

It appears that the right of sitting in the high-seat, conveyed with it the right to rule over household and land.

“When King Harald (Fairhair) was eighty winters old he became heavy in his movements, so that he thought he could not journey about the country or conduct the affairs of the realm. He then led his son Eirik into his high-seat, and gave him power over the whole country.

“When his other sons heard of this, Halfdan the black placed himself in a king’s high-seat and took the rule over the whole of Thrandheim, and all the Thrands supported him in this. But when the men of Vikin heard of it, they took Olaf as king over the whole of Vikin, which Eirik did not like” (Olaf Tryggvason, vol. i.; Fornmanna Sögur).

“It is said that one day when the people went to _lögberg_ (the place of the court at the _Althing_), Olaf (son of Höskuld, a chief who had died shortly before) rose and asked for silence, and told the people first of the decease of his father: ‘Here are now many of his kinsmen and friends; it is the wish of my brothers that I invite to the arvel after the death of our father, Höskuld, all temple-priests, for most of his relatives are likely to be prominent men; I declare that none of the more highborn men shall go away without gifts; we also want to invite the bœndr and every one who will accept, rich and poor; ten weeks before the beginning of winter you will come to a feast lasting half a month at Höskuldstadir.’ When Olaf ended his speech he was cheered, and his speech was thought very fine. When Olaf returned to his booth he told his brothers the plan; they did not like it, and thought too much had been offered. After the _Althing_ the brothers rode home. The summer passed, and the brothers made ready for the feast; Olaf contributed the third part lavishly, and it was prepared in the best manner. Great preparations were made, for it was believed that many would come. At the appointed time most men of rank who had promised came; they were so many, that people say there were not less than nine hundred (1080). This feast had the greatest number of guests in Iceland, next to that which the sons of Hjalti made after their father, where twelve hundred were present (1440). In all respects it was very fine, and the brothers got much honour, but Olaf, who gave as much as both his brothers, the most; gifts were given to all men of prominence” (Laxdæla, c. 27).

“Every man shall himself rule his property, so long as he can sit in his high-seat, man as well as woman. If a man gets so much out of wits that it seems to his kinsmen on male and female side that he know not how to manage his property, the next heir shall take care of it. It must not be sold away from the owner, and he shall get his living from it as is befitting for both” (Frostath., ix. 20).

After the death of Heidrek we read an account of the arvel, and see one of the brothers coming to claim his share of the division, which seems to have been made by mutual arrangement, but not in this case.

“Thereupon Angantýr made a great feast in Danparstadir, at a bœr called Arheimar, as an arvel alter his father’s death.

It was said that of yore Humli ruled the host, Gizur the Gautar, Angantýr the Gotar, Valdar the Danir (Danes), Kjár the Valir, Alfrek the renowned The Ensk-thjód (English nation).

“Hlöd heard of the death of his father, and that his brother Angantýr had been made king over the whole realm. King Humli wanted Hlöd to go and demand his inheritance from his brother Angantýr....

Hlöd rode from the east, The heir of Heidrek; He came to the hall Where Gotar live, To Árheimar To demand the inheritance; There Angantýr drank The arvel of King Heidrek. He found a man Outside the high hall Who was late out And greeted him: ‘Warrior, go into The high hall, Ask Angantýr To give me answer.’

“The man went in before the king’s table and said:—

Here has Hlöd come, The heir of Heidrek; Thy brother, The battle-minded one; He is very high On horseback; The chief wants To speak with thee.

“When the king heard this he threw his knife on the table and rose and put on a coat-of-mail, and took a white shield in one hand, and the sword _Tyrfing_ in the other. Then there arose a great uproar in the hall, as here is said:—

Uproar was in the hall; They (warriors) rose with the high-born one; Every one wished to hear What Hlöd said And the answer That Angantýr gave.

“Angantýr said: ‘Welcome! hail to thee! go in and drink with us, and let us first drink mead after our father to the honour of us all.’ Hlöd replied: ‘We came hither for another purpose than filling our stomach.’

I will have the half Of what Heidrek owned; Of tools and weapons, Also of tribute, Of cows and of calves, Of the sounding mills.

Of bond-women and thralls And their children, Of the large forest, Called Myrkvid, The holy grave[75] Which is with the Goth-thjód.

That beautiful stone[76] In Danparstadir, The half of the host-burghs Which Heidrek owned, Of lands and people And bright rings.[77]

_Angantýr._

Brother, the pale-white Shield will burst, And the cold spear Touch other spears, And many a warrior In the grass sink Before I _Tyrfing_ In two parts divide, Or to the Humlung Half of the inheritance give.

A fine drink I will offer thee, Property and many gifts For which thou yearnest most. I give thee twelve hundred men, I give thee twelve hundred horses, I give thee twelve hundred servants Who carry shields.

I give every man Many things to accept; A maiden I give To every man; I clasp a necklace Around the neck of every maiden.

With silver I will measure thee sitting; And over thee walking Pour gold, So that the rings[77] Roll in every direction; Over a third part of the Goth-thjód[78] (people) Thou shalt rule.

“Gizur Grýtingalidi, the foster-father of Heidrek, was then with Angantýr; he was very old; when he heard the offer of Angantýr he thought he offered too much, and said:—

This is acceptable To a bond-woman’s child, Though he is born to the king; The bastard Sat on a mound When the king Divided the inheritance.

“Now Hlöd became very angry at being called a bondwoman’s child and a bastard if he accepted his brother’s offer; he went away with all his men to Húnaland to Humli, his mother’s father, and told him that his brother Angantýr had offered him a third of the realm, Humli heard all they had spoken, and was very angry that his daughter’s son Hlöd should be called the son of a bondwoman. He said:—

“We shall sit this winter And live happily, Drain and talk over The costly drink, Teach the Húnar To make their weapons ready Which we boldly Shall bear forth. Well shall we, Hlöd, Dress the warriors And strongly Press the shields; Twelve-winters-old men, And two-winters-old horses, Thus shall the host Of the Húnar be gathered.”

(Hervarar Saga, c. 16, 17.)

Property was divided also by mutual arrangement.

“Now that season passed and the moving days came. Thorkel told Gisli that he wanted to have all the property divided between them, and begin joint housekeeping with Thorgrim, his brother-in-law. Gisli said: ‘It is best to see the property of brothers together, brother; and I should be thankful if we did not divide.’ Thorkel answered: ‘I saw long ago that we are unequally kept, as thou toilest night and day for our household, while I am good for nothing.’ Gisli replied: ‘I am well content, and would willingly let it be thus.’ But Thorkel would listen to nothing but division, and said: ‘Thou shalt get the homestead in the division, and our father’s estate, because I ask for the division, but I will take the loose property.’ Gisli said: ‘We have tried both to agree and to disagree, kinsman, and both of us have succeeded better when we agreed; let us not change this, brother, when we agree well.’ ‘It is of no use talking of it,’ said Thorkel; ‘the property must be divided.’ ‘Then do whichever thou likest,’ said Gisli; ‘divide or choose; for I do not care which I do.’ ‘Then I want thee to divide,’ said Thorkel; and it was done. Thorkel chose the loose property, which was more than the land which Gisli got. There were two children to be supported by it, a boy Geirmund and a girl Gudrid; the children of their kinsman Ingjald. Gudrid went with Gisli, and Geirmund with Thorkel. Thorkel went to his brother-in-law Thorgrim and lived with him; Gisli remained at Hól, and did not find that the household was worse than before”[79] (Gisli Sursson’s Saga, p. 100).

At the arvel the debts of the dead were settled, and divisions made if the heirs were several. If the property left was not sufficient to pay the debts, then the creditors had to share the loss in proportion to their claims. If the heirs were sons or daughters of the deceased they had to pay the debts out of their own property.

“When a man is dead his heir shall sit in the high-seat and summon all the creditors to come there on the seventh day and take away each their due, as much as witnesses proved. If the property is not enough all shall share the loss. The one to whom more was due shall lose more. If a pauper’s and a woman’s share are in the inheritance it holds good if there is money enough for both; if there is not she shall lose her _gagngjald_ (_tilgjöf_).... If there are sons or daughters they shall pay the debts if they have property, but no other man shall do so unless he inherits property” (Gulathing’s Law, 115).

After the debts were paid, then the paupers were distributed between the heirs (or if only one pauper existed, each heir supported him in turn in the same proportion as the inheritance), for the community never intervened in the support of paupers.

“If people divide paupers without property between them the division shall be kept up, however they may divide. They (paupers) shall follow the heirs”[80] (Gulath., 127).

Only children by a lawful union were legitimate _skirborinn_ (holy-born), and consequently _arfborinn_ (inheritance-born).

“The child whose mother is bought with mund is inheritance-born when it comes into daylight living and receives food” (Gragas, i. 223).[81]

“The man who has been carried between the _skaut_ (cloak-skirts) of father and mother shall have the same rights as his father had” (Earlier Frostathing’s Law, ix. 15).

“If a man lives with his concubine twenty winters or more, and they never separate during that time, and no hindrances come forward during the time, then their children are inheritance-born and they are partners by law” (Gulath., 125).

In Christian times the arvel changed its name into that of soul-ale.

“Wherever men die and the heir wants to have an arvel, whether it is in seven days or on the thirtieth morning or later, it is called _erfiöl_. If they make ale and call it _sálu-öl_ (soul-ale) they shall invite to it the priest, of whom they buy service, with two other men at least. The priest shall go to arvels or soul-ales if not hindered by necessity. If he will not go he shall lose his tithe” (Gulath., 23).

No one who had lawful heirs was allowed to dispose of his property before his death without the assent of these heirs.

“No man shall divide a property or inheritance before the owner allows it, until men see that he spoils it. As long as a man has his wits and can manage his farm and bargains, and is able to ride on horseback and drink ale, he shall rule his property, and no man is allowed to divide it; if it is divided it shall not be kept” (Gulath., 126).[82]

“When two daughters inherit from their father, and one has a daughter and the other a son, the son can redeem (the land) from his kinswomen according to law. But if this son has only daughters, while the daughter of his mother’s sister has a son, he can redeem the land from them for the same sum as was paid to his mother. Then the land shall remain where it is, for it has come three times under spindle” (Gulath., 275).

The nearest of kin inherited the property, and the rules regulating the inheritance are these:—

“A son shall take inheritance after his father if it goes as it ought, and an adopted son like one family-born; and if things go badly (if the son dies) the father inherits from his son if the latter has no heir.

“The second inheritance is the one which a daughter and son’s son take, if he and also his father are lawfully born.

“If two lawfully born son’s sons are inheritance-born, and the one’s father is lawfully born and the other’s not, then the first shall take the inheritance.

“Brothers who have the same father inherit from each other. When a brother dies, the sister born of the same father gets the inheritance.

“A father’s father, and father’s brother, and brother’s son each inherit a third.

“The sixth inheritance is taken by a brother of the same mother (half-brother), and by a brother’s sons.

“A lawfully born mother is the heir of her child, and then a lawfully born father’s sister.

“A _prisung_[83] and a thrall-born son, and a _hornung_,[84] if freedom is given to them, take the same inheritance, and each of them inherits from the other.

“A mother’s father and daughter’s son both take the same inheritance, and each inherits from the other.

“A mother’s brother and sister’s son both take the same inheritance, and inherit from each other.

“Men who are sons of sister and brother both take the same inheritance, and inherit from each other.

“Sons of two sisters take the same inheritance, and inherit from each other.

“It is decided and decreed in the laws of men that if a man slays a man in order to inherit from him, he has forfeited his inheritance, and it shall be given according to law as if the man did not exist who slays another for the sake of inheritance” (Frostath. viii. 1–14).

By the so-called _ættleiding_, or leading into the family, i.e. adoption, a person could give the illegitimately born the right of inheritance, or at least a right to a certain part of the inheritance, together with the legal heirs, the consent of the latter being always necessary. The ceremony appears from different laws to have been the same all over the country, and its primitive form seems to indicate great antiquity; a shoe was placed alongside the _skapker_, the large vat into which the beer was poured in the banqueting hall, and from which the smaller vats and horns were filled and carried round among the guests. The ceremony which followed is thus described:—

“It is a full adoption, when a father leads into his family his son, and those men assent who are the next heirs of the one who adopts his son. Ale from three measures of grain shall be made, and a bull three winters old be killed, and the skin be flayed off its right hind-leg above the hough, and therefrom a shoe be made. The father shall let the one to be adopted step into it, and have in his arms those of his sons who are not of age, but those of his sons who are full-grown shall step into that shoe. If he has no inheritance-born sons those who are his nearest heirs shall step into the shoe. The adopted man shall be led into the embrace of the man and the wife. Women shall be witnesses as well as a man to a full adoption, as well as to the shoe if it is kept. The thrall-born son to whom liberty is given shall be adopted if either father or brother, or whoever is nearest heir, whether he is young or old, gives him his liberty, and those being the nearest heirs of the man who wants to adopt him assent. The son of a freed woman shall be adopted like that of a thrall-woman” (Earlier Frostathing’s Law, ix.).

“No man is allowed to give away an inheritance; a fraudulent bargain shall be reckoned as no bargain. The father who adopts his own son shall step into the shoe, and then his full-grown son. That is a full adoption. If there is no son the one who consents to the adoption shall step into the shoe. Then he who consents to his ódal rights shall step into the shoe. He shall say this: ‘I lead this man to the property which I give him, to payment and gift, to seat and settle, to indemnities and rings, and to all _rétt_ as if his mother had been bought with mund” (Earlier Gulathings Law, c. 58).

The father[85] had then to declare that he led the adopted son into the share of the inheritance which he gave him, and with the same rights as if his mother had been law fully wed. Those present had to bear witness to this leading into the family, as also to the use of the shoe, by means of which it had been done.

The Gulathings Law required the adopted to publicly announce his adoption at the _Thing_ every twenty years, until he stepped into his inheritance.

“A man shall announce publicly his adoption every twenty winters until he gets his inheritance, which shall thereafter be his witness” (Gulath., 58).

“A woman could adopt as well as a man, but she could not adopt her illegitimate son, nor a man his illegitimate daughter.

“A man must never lead a woman into his family (adopt her), nor a woman a man” (Frostathings Law, ix. 21).

To an illegitimate son a father could not give more than a certain amount without the consent of his heir.

“Höskuld Dala-Kollsson fell sick in his old age. He sent for his sons, and other friends and kinsmen; when they came he said to the brothers Bard and Thorleik: ‘I am now ill, but I have been a man not apt to be taken ill. My third son is not legitimately born, and I ask you, his brothers, to let Olaf inherit a third of my property, and you the two other thirds.’ Bard answered first, and said he would do as his father wanted. ‘I believe Olaf will do us credit in every respect, and the more so the richer he is.’ Thorleik answered: ‘I do not want Olaf to be made legitimate heir; he has already more than enough property; thou, father, hast given him many things, and for a long time hast shared very unequally between us brothers; I am not willing to give up the honour to which I am born.’ Höskuld replied: ‘You will not object if I give my son three mörk[86] (of gold), since he is so high-born on his mother’s side.’ To this Thorleik consented. Then Höskuld took the gold ring that Hakon jarl had given him, which weighed two mörk, and the sword which was the gift of the king, on which was a mörk of gold” (Laxdæla, ch. 26).

The Gulathings Law expressly mentions those female degrees to which the _ódal_ descended. These were: daughter, sister, aunt, father’s sister, daughter of brothers, and son’s daughters. It adds that if two sisters inherited an _ódal_, and one had a son and the other a daughter, the former had a right to purchase the shares of his kinswomen in the _ódal_.

The right of inheritance does not seem to have extended further than the third cousin on the father’s side, or second cousin on the mother’s.

Where sons existed they always inherited to the exclusion of their sisters.[87]

If an _ódal_ by inheritance came to one not entitled to _ódals-right_, the right of redemption was open to the nearest of kin, who had such right.

If one of joint heirs had the right of _ódal_ and the other not, the former got his share of the inheritance in _ódals land_, the other in personal property. In case a son’s son and daughter inherited together, the former had the right of purchasing the latter’s share in the _ódal_.

Daughters always inherited certain things, such as article of clothing, household goods, bedding, ornaments, &c.

“This shall a daughter take in inheritance after her mother, if her brother is alive: all clothes except cloaks (_skikkja_) of _gudvef_ (costly stuff), and all uncut clothes; these her brother owns. And of clothes the brother shall take gold-lace, if he wants it; but woven cloaks and all bed-hangings, and lace-clothes (i.e. edged with lace), brocades and feather-clothes and down-clothes, the daughter shall have. If a web is in the loom, the son owns that which is woven, and the daughter that which is not woven. The son owns all mats and bench-clothes, fur-hoods and house-furniture; the daughter owns the bed-covers if her mother owned them, and the son if the father owned them. The daughter owns five sheep, and all linen and yarn, and five sheepskins with the wool on, and the geese, and the son owns all the rest. The daughter owns all cloth-chests, if her mother owned them. The daughter shall have a cross or a brooch, whichever she may want; or the best breast-ornament, if it is not of gold but of silver; and all brooches if they weigh one eyrir or less, and are of silver and precious stones. All vessels out of which women drink to each other across the floor at home belong to the daughter, though they are ornamented with silver. The son shall own the silver vessels. The daughter shall have one washing-basin, unless there be a chain between two, then she shall have both” (Earlier Frostathings Law, ix. 9).

If, during his lifetime, a father gave more property to one of his sons than to another, such a gift was taken into consideration at the division of the inheritance on the father’s death.

“If a man gives more to one of his sons than to the other then the latter shall take as much from the undivided property as was given to the one that got more; then they shall divide equally all that is left” (Gulath., 129).

The property of a foreigner who died in the country went to the country in which the man died unless the heir came to claim it.

“If English (Enskir) men die here or those whose language or tongue is not known here, then the law does not require that their inheritance be sent out of the country, unless a father or son or brother of the deceased has been in this country and claims it. The inheritance of foreigners received here by law need not be given up except to the heir” (Gragas, i. 224).

“King Svein held this feast in Ringstadir, and took great pains that nothing should be wanting to render it more splendid than any before it. The Jomsvikings came on the first day, and King Svein welcomed with great kindness Sigvaldi jarl and all his men. According to old custom the arvel had to be held during the year in which the person died for whom the arvel was made, but the man who gave it could not occupy the high-seat of him from whom he inherited until the arvel was drunk. On the first evening of the arvel many horns were to be filled, as is now done with memorial cups, and there they drank in honour of their mightiest kinsmen, or of Thor and other gods in the heathen times. The horn of Bragi was to be filled last then he who gave the arvel was to make a vow at it, and also all who were at the feast, after which the heir could sit down in the seat of the man for whom the arvel was made, and thereafter enjoy his inheritance and honour” (Fagrskinna, ch. 55).

Footnote 74:

Cf. also Landnama, iii. c. 10.

Footnote 75:

The grave probably of the Gothic kings.

Footnote 76:

A stone for kings to step on at their election.

Footnote 77:

In this passage we see clearly that only rings were used as money.

Footnote 78:

God-thjód, Goth-thjód, Got-thjód in different texts, as if connected with _gods_.

Footnote 79:

Cf. also Hervarar Saga, c. 16.

Footnote 80:

When paupers have been divided like property, they go from heir to heir, &c.

Footnote 81:

The son of a man who is a freed man and has a wife before his freedom-ale has been made, and has a son by that woman, shall not take the inheritance of any man though he is carried between _skauts_ (cloak-skirts, laps). (Earlier Frostathing Law, ix. 15).

Footnote 82:

When a man was unable to manage his property and spoiled it, then it could be divided without his leave by the heirs. Cf. also Frostathing, ix. 20.

Footnote 83:

Son of a free woman begotten secretly.

Footnote 84:

Son of a free woman who has had no _mund_ paid.

Footnote 85:

Kinsmen on the father’s side are preferred to kinsmen on the mother’s side.

Footnote 86:

A mörk was probably four ounces.

Footnote 87:

The Frostathing Laws give a general rule for the degrees in which inheritances descended. Kinsmen on the father’s side were preferred to those on the mother’s side.